117 S3602 IS: Strengthening Enforcement to Curtail Unlawful, Risky Entrance to Flights Act of 2022
U.S. Senate
2022-02-08
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II
117th CONGRESS
2d Session
S. 3602
IN THE SENATE OF THE UNITED STATES
February 8 (legislative day, February 3), 2022
Mr. Rubio (for himself, Mr. Tillis, Mr. Braun, Mr. Boozman, Mr. Hagerty, Mr. Cruz, Mr. Rounds, Mrs. Capito, Mr. Crapo, and Mr. Risch) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
A BILL
To direct the Administrator of the Transportation Security Administration to prohibit the use of certain identification documents at airport security checkpoints, and for other purposes.
1.

Short title
This Act may be cited as the “Strengthening Enforcement to Curtail Unlawful, Risky Entrance to Flights Act of 2022” or the “SECURE Flights Act of 2022”.
2.

Prohibited identification documents at airport security checkpoints; notification to immigration agencies
(a)

In general
The Administrator may not accept as valid proof of identification a prohibited identification document at an airport security checkpoint.
(b)

Notification to immigration agencies
If an individual presents a prohibited identification document to an officer of the Transportation Security Administration at an airport security checkpoint, the Administrator shall promptly notify the Director of U.S. Immigration and Customs Enforcement, the Director of U.S. Customs and Border Protection, and the head of the appropriate local law enforcement agency to determine whether the individual is in violation of any term of release from the custody of any such agency.
(c)

Entry into sterile areas
(1)

In general
Except as provided in paragraph (2), if an individual is found to be in violation of any term of release under subsection (b), the Administrator shall not permit such individual to enter a sterile area.
(2)

Exception
An individual presenting a prohibited identification document under this section may enter a sterile area if the individual—
(A)
is leaving the United States for the purposes of removal or deportation; or
(B)
presents a covered identification document.
3.

Collection of biometric information from certain individuals seeking entry into sterile areas
(a)

In general
Beginning not later than 120 days after the date of the enactment of this Act, the Administrator shall collect biometric information from an individual described in subsection (b) prior to authorizing such individual to enter into a sterile area.
(b)

Individual described
An individual described in this subsection is an individual who—
(1)
is seeking entry into a sterile area;
(2)
does not present a covered identification document; and
(3)
the Administrator cannot verify is a national of the United States.
(c)

Participation in IDENT
Beginning not later than 120 days after the date of the enactment of this Act, the Administrator, in coordination with the Secretary of Homeland Security, shall submit biometric data collected under this section to the Automated Biometric Identification System (IDENT).
4.

Definitions
In this Act:
(1)

Administrator
The term “Administrator” means the Administrator of the Transportation Security Administration.
(2)

Biometric information
The term biometric information means any of the following:
(A)
A fingerprint.
(B)
A palm print.
(C)
A photograph, including—
(i)
a photograph of an individual’s face for use with facial recognition technology; and
(ii)
a photograph of any physical or anatomical feature, such as a scar, skin mark, or tattoo.
(D)
A signature.
(E)
A voice print.
(F)
An iris image.
(3)

Covered identification document
The term covered identification document means any of the following, if the document is valid and unexpired:
(A)
A United States passport or passport card.
(B)
A biometrically secure card issued by a trusted or registered traveler program of the Department of Homeland Security, including—
(i)
Global Entry;
(ii)
NEXUS;
(iii)
Secure Electronic Network for Travelers Rapid Inspection (SENTRI); and
(iv)
Free and Secure Trade (FAST).
(C)
An identification card issued by the Department of Defense, including such a card issued to a dependent.
(D)
Any document required for admission to the United States under section 211(a) of the Immigration and Nationality Act (8 U.S.C. 1181(a)).
(E)
An enhanced driver’s license issued by a State.
(F)
A photo identification card issued by a federally recognized Indian Tribe.
(G)
A personal identity verification credential issued in accordance with Homeland Security Presidential Directive 12.
(H)
A driver's license issued by a province of Canada.
(I)
A Secure Certificate of Indian Status issued by the Government of Canada.
(J)
A Transportation Worker Identification Credential.
(K)
An Employment Authorization Document issued by U.S. Citizenship and Immigration Services.
(L)
A Merchant Mariner Credential issued by the Coast Guard.
(M)
A Veteran Health Identification Card issued by the Department of Veterans Affairs.
(N)
Any other document that the Administrator determines, pursuant to a rule making in accordance with section 553 of title 5, United States Code, will satisfy the identity verification procedures of the Transportation Security Administration.
(4)

Immigration laws
The term “immigration laws” has the meaning given that term in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).
(5)

Prohibited identification document
The term prohibited identification document means any of the following (or any applicable successor form):
(A)
U.S. Immigration and Customs Enforcement Form I–200, Warrant for Arrest of Alien.
(B)
U.S. Immigration and Customs Enforcement Form I–205, Warrant of Removal/Deportation.
(C)
U.S. Immigration and Customs Enforcement Form I–220A, Order of Release on Recognizance.
(D)
U.S. Immigration and Customs Enforcement Form I–220B, Order of Supervision.
(E)
Department of Homeland Security Form I–862, Notice to Appear.
(F)
U.S. Customs and Border Protection Form I–94, Arrival/Departure Record (including a print-out of an electronic record).
(G)
Department of Homeland Security Form I–385, Alien Booking Record.
(6)

Sterile area
The term “sterile area” has the meaning given that term in section 1540.5 of title 49, Code of Federal Regulations, or any successor regulation.